Filing a Workplace Harassment Complaint
Reviewed by DocDraft Legal Team - United States - Last updated September 15, 2026
A workplace harassment complaint can go to two different places: the federal Equal Employment Opportunity Commission, or a state civil rights agency. Which one you pick, and whether you go to the state at all, is not a formality. In Texas, California, Illinois and Ohio you must take the complaint to the state agency before a court will hear a state law claim. In New York the opposite is true, because filing with the Division of Human Rights is an election of remedies that forecloses a lawsuit on the same claim. In Michigan the state filing is optional. In Georgia, Alabama and Mississippi there is no state forum for a private sector worker at all, and the EEOC is the only route. The deadline moves just as far, from 180 days to five years, and so does the size of employer covered, from no minimum headcount at all up to 20 employees against the federal threshold of 15. This guide sets out the federal baseline that applies everywhere and then points you to the rules for your state. If what you are dealing with involves physical assault, threats, stalking or domestic violence, contact emergency services and speak with an attorney; those situations need more than a complaint form.
Find out where you stand — what state are you in?
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How long do I have to file a workplace harassment complaint?
It depends entirely on where you work. State administrative deadlines run from 180 days to five years. Oregon allows five years to file with its Bureau of Labor and Industries. California allows three years from the date of the act, and New York allows three years for claims arising on or after February 15, 2024. Illinois, Maryland and Ohio allow two years, and Michigan uses 180 days. Texas allows 300 days for a sexual harassment complaint and 180 days for other harassment. The federal EEOC charge deadline is 180 days, extended to 300 days in most states, and the number that applies to you is the one stated by the EEOC office covering your state. Both clocks can run at the same time, so calendar the shorter one first.
Do I have to file with a state agency before I can sue for harassment?
In some states yes, in some states no, and in one state filing there closes the courthouse. Texas, California, Illinois and Ohio require you to go through the state agency before filing a state law claim in court. In Texas, California and Ohio that ends in a right to sue notice; Illinois instead opens the route to court on the department's determination or after 365 days. Michigan makes the agency route optional, and MCL 37.2803 expressly preserves direct or immediate legal and equitable remedies in the courts. New York is the outlier: a complaint with the Division of Human Rights is an election of remedies under Executive Law 297(9) and forecloses a court action on the same claim.
Can filing with a state agency ever hurt my case?
It can in New York. A Division of Human Rights complaint is an alternative to suing rather than a step toward it, so filing there gives up the right to bring the same claim in court. New York does allow a complainant to ask the division to dismiss the complaint and annul the election at any time before a hearing before a hearing examiner, which moves the claim back to court, and an EEOC charge that is dual filed with the division to satisfy federal law does not itself count as an election. In states where the agency step is mandatory the risk runs the other way, because skipping it can end the state law claim.
What filing with a state civil rights agency actually does to your case, how long you have to do it, and which employers are covered.
Filing with your state agency does not mean the same thing in every state, and this is the first thing to get right. In Texas, California, Illinois and Ohio it is a prerequisite: you cannot bring a state law harassment claim in court until you have gone through the agency. In Texas, California and Ohio that ends in a right to sue notice; in Illinois the route to court opens on the department's determination or after 365 days without a report. In New York it is the reverse, because Executive Law 297(9) treats a Division of Human Rights complaint as an election of remedies that forecloses court on the same claim. In Michigan the agency filing is optional, and in Georgia, Alabama and Mississippi there is no state forum for private sector workers.
Regional Variances
How United States differs
State administrative deadlines run from 180 days to five
State administrative deadlines run from 180 days to five years, a 10x spread. Oregon allows five years to file with its Bureau of Labor and Industries, California three years from the date of the act, and New York three years for claims arising on or after February 15, 2024. Illinois, Maryland and Ohio allow two years. Texas allows 180 days for most harassment and 300 days for sexual harassment, and Michigan's civil rights agency rule sets 180 days.
Coverage is the second lever and for many readers
Coverage is the second lever and for many readers it matters more than the deadline. Federal Title VII reaches only employers with 15 or more employees, so a worker at a small company often has no federal claim at all. State thresholds run from zero to 20: New York covers all employers with no numeric floor, and California, Illinois and Michigan reach an employer with a single employee. A worker at a three person company can therefore have a full state claim and no federal one.
The federal route stays open almost everywhere and should
The federal route stays open almost everywhere and should be calendared alongside any state deadline. An EEOC charge is due within 180 days of the last incident of harassment, and the agency will still look at earlier incidents when it investigates. That period is extended to 300 days in most states, but the number that applies to you is the one stated by the EEOC office covering your state, and the EEOC revises those numbers without notice, so confirm your own date with that office rather than assuming one. Title VII applies to employers with 15 or more employees. In Alabama, Mississippi and for private sector workers in Georgia, this federal route is the only route.
Frequently Asked Questions
You may have a full state claim even where there is no federal one. Title VII applies only to employers with 15 or more employees, but state coverage thresholds run from zero to 20. New York covers all employers within the state with no numeric floor, and California, Illinois and Michigan reach an employer with a single employee. Texas is split: an employer with one employee can face a sexual harassment claim, while other harassment claims there still need 15 employees.
The baseline charge deadline is 180 days from the date of the discriminatory act, extended to 300 days in most states. Do not work this out by reasoning about whether your state has its own agency, because that does not reliably predict the answer: the number that governs you is the one published by the EEOC office covering your state, and the EEOC revises those numbers without notice. As of September 2026 the EEOC states 300 days for Georgia and 180 days for Alabama and Mississippi. The federal route requires an employer with 15 or more employees, or 20 or more for an age claim. In Alabama and Mississippi, and for private sector workers in Georgia, this is the only route available.
In some states it is, and the gap can be large. Texas is the clearest case: since September 1, 2021 a sexual harassment complaint carries 300 days and reaches an employer with one employee, while other harassment complaints keep 180 days and a 15 employee threshold. New York used to give sexual harassment three years while other claims had one year, and that carve out was removed when the general period became three years for claims arising on or after February 15, 2024. In California the three year period applies to employment harassment and discrimination claims alike.
That depends on which kind of state you are in, which is why the exhaustion question comes first. Where the agency step is mandatory, missing the administrative deadline generally ends the state law claim. In Michigan, where the agency route is optional, missing the 180 day rule closes the agency door rather than the courthouse. Missing a state deadline also does not by itself end a federal charge, which runs on its own clock set by the EEOC office covering your state, so it is worth having an attorney look at both before assuming nothing is left.
No agency requires it as a precondition to filing. Reporting internally can still matter, because some employer defenses turn on whether you used a complaint procedure that was available to you. In New York the statute says expressly that failing to complain internally is not determinative of liability. Report in writing where you can, and keep a copy.
In most states yes, and the agencies have worksharing arrangements so one filing can be treated as filed with both. New York is the exception worth knowing: filing with the Division of Human Rights forecloses going to court on the same claim, so there the choice matters. Ask the agency to confirm dual filing rather than assuming it.
For harassment the clock generally runs from the last incident, not the first, and earlier incidents are still examined as part of the pattern. A few states run from a different event, and at least one uses a discovery rule that starts when you knew or should have known. Because the trigger differs, check your own state's page rather than assuming the date.
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